Clarity in Representation: Sarah Hake’s Approach to Dual Agency

Dual agency comes up more than most buyers and sellers realize, and above the $2M mark in DC, the stakes around it are higher than people assume. It's worth understanding exactly what it means before you sign anything.

What Is Dual Agency, and Is It Legal in DC?

Dual agency is when one agent represents both the buyer and the seller in the same transaction. DC permits it, but the law is specific about how it has to work. Under D.C. Code § 42-1703, a dual representative needs written, informed consent from both sides before proceeding, and neither party is ever required to give that consent. DC also allows a middle-ground structure: a brokerage can designate one agent to the seller and a different agent, from the same firm, to the buyer. In that setup, the two agents aren't dual agents. Only the broker is.

It's a nuance worth knowing, because plenty of buyers and sellers assume "same brokerage" automatically means "same conflict." In DC, it doesn't have to.

Why Full Advocacy Matters More at $2M and Above

None of that changes how I choose to practice, but the reasons matter more the higher the price point climbs.

Financing structures get more complicated. Luxury buyers arrive with very different pictures: all-cash, jumbo financing, portfolio loans, proceeds tied up in a sale that hasn't closed yet. A dedicated buyer's agent negotiates the contingencies and timeline around that specific financing reality. An agent who also represents the seller has no ability to press hard on financing terms without working against the other side of the deal they're also managing.

Appraisals get harder to defend. Above $2M, and especially above $3M, comparable sales thin out fast. A single unusual finish, a lot size, or a private amenity can put a contract price well outside what an appraisal supports. Closing that gap is a negotiation, not a formality, and it requires an agent who is unambiguously fighting for one side of it.

Privacy carries real weight. International, political, and high-profile buyers and sellers often need their identity, timeline, or maximum price kept close. Dual representation puts one agent inside both negotiating positions at once. Designated or single-side representation keeps that information where it belongs.

Developers need insight, not just a transaction closed. When one party to a deal is a developer or investor, the questions shift again. What a developer usually needs from an agent isn't just a buyer found or a unit sold. It's market intelligence: how a project should be positioned, priced, and sequenced to sell well. That kind of insight is hard to deliver with full independence if the same agent is also seated across the table representing the buyer.

Where I Stand

When I take on a client, buying, selling, or advising on a new project, my job is to advocate for that one client's price, terms, and position without qualification. That's not possible in a dual agency structure. The moment an agent represents both parties, they stop negotiating on anyone's behalf and start managing the paperwork, because a buyer's interests and a seller's interests are rarely the same interests.

DC's luxury market rewards precise execution and market intelligence, not a divided advocate. Real estate at this level is built on trust, transparency, and representation you can rely on completely. That's the standard I hold myself to on every transaction.

If you're navigating a purchase or sale in DC's luxury market and want an advocate who is entirely in your corner, I'd welcome the conversation.

FAQ:

What is dual agency in real estate?
Dual agency is when a single agent represents both the buyer and the seller in one transaction. It's legal in many markets, including DC, but it requires the agent to stay neutral rather than advocate fully for either side.

Is dual agency legal in DC?
Yes. Under D.C. Code § 42-1703, dual agency is legal but requires written, informed consent from both parties, and no one is required to give that consent.

What's the difference between dual agency and designated agency in DC?
In dual agency, one agent represents both sides directly. In DC's designated agency structure, a brokerage assigns separate agents within the same firm to the buyer and seller. Only the broker is considered the dual agent; the designated agents can advocate fully for their own client.

Why does dual agency matter more for luxury properties?
Higher-value transactions tend to involve more complex financing, thinner appraisal comparables, and greater privacy concerns for the parties involved. A dedicated advocate can negotiate financing contingencies, defend a purchase price against an appraisal gap, and protect a client's confidentiality in ways a neutral dual agent cannot.

Does Sarah Hake practice dual agency?
No. Sarah represents only one side of any transaction, so her advocacy stays focused entirely on a single client's price, terms, and strategy.

Ready for a Confidential Conversation?

If you're buying or selling in DC's luxury market and want a strategy built entirely around your interests, let's talk. Reach out for a confidential conversation about your goals.

Sarah Hake, Senior Vice President
Licensed in DC, MD & VA
[email protected] | 202.856.4777